OAR 735-074-0080: Definitions

For the purpose of these OAR 735, division 074, rules, the following definitions apply: (1) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation. (2) “Driver Medical Report form” means the DMV form provided to a person or a form approved by DMV used to obtain medical information for determining if the person is eligible or qualified for driving privileges. (3) “Health care” means evaluation or treatment intended to: (a) Improve or maintain human function; or (b) Treat or manage pain, disease, condition or injury, and includes but is not limited to a medical or behavioral health disorder, substance use disorder, and mental health care. (4) “Health care provider” has the meaning set forth in ORS 807.710 and, for the purpose of these rules, OAR 735, division 074, is limited to a chiropractic physician, nurse practitioner, occupational therapist, physical therapist, optometrist, physician associate, podiatric physician or surgeon, and a mental health provider. (5) “Hospitalist” means a physician or health care provider who specializes in providing and managing the care and treatment of hospitalized patients. (6) “Immediate suspension or cancellation” means the suspension or cancellation of driving privileges or the right to apply for driving privileges before the person is given an opportunity for a hearing to contest the suspension or cancellation. (7) “Intoxicant” is as defined in ORS 801.321. (8) “Loss of consciousness or control” means an unpredictable medical event experienced at any time by a person in which the normal control of the person's body is compromised due to the event, rendering the person unconscious, unable to experience normal sensory perception, or unable to initiate the physical motion required to safely operate a motor vehicle. “Loss of consciousness or control” includes, but is not limited to, seizure, syncope, narcolepsy, hypoglycemia, sleep apnea or black-out. (9) “Mandatory reporting” or “mandatory report” means a report of a cognitive or functional impairment that is both severe and uncontrollable, submitted by a physician or health care provider as mandated under ORS 807.710 and OAR 735-074-0090 to 735-074-0130 (10) “Medical Determination Officer” or “MDO” means a physician, nurse practitioner or physician associate, licensed to provide health care services by the State of Oregon, and employed or designated by DMV to make medical determinations of a person’s medical eligibility for driving privileges. (11) “Mental health provider” means a person licensed in the State of Oregon who provides clinical treatment and interventions specific to either or both of the following: (a) Mental health impairments, including but not limited to, depression, bipolar and schizophrenia. (b) Behavioral health impairments, including but not limited to, substance abuse, addiction and self-harm. (12) “Physician” has the meaning set forth in ORS 807.710. (13) “Primary and secondary driving controls” mean the steering wheel, gas pedal, brake, clutch (if applicable), gear shift lever or stick, turn signal controls, headlight controls, windshield wiper controls, defrost control and horn of a motor vehicle. (14) “Primary care provider” means a physician or health care provider who is responsible for supervising, coordinating and providing a person’s initial and ongoing health care, as of the date of exam reflected on a Mandatory Impairment Referral (Form 735-7230) or a Driver Medical Report (Form 735-6587) , including initiating consultations, referrals for health care outside of the provider’s scope of practice, and specialist care to assure continuity of a person’s medically appropriate health care. (15) “Recertification” means the process for requiring the person to reestablish medical eligibility at periodic intervals by submitting updated medical or vision information. (16) “Severe” means that the impairment substantially limits a person’s ability to perform Instrumental Activities of Daily Living (IADLs), including driving, because the impairment is not controlled or compensated for by medication, therapy, surgery or adaptive devices. “Severe” does not include a temporary impairment for which the person is being treated by a physician or health care provider and which is not expected to last more than six months. (17) “Tests” mean examinations under ORS 807.070 that establish a person's eligibility for driving privileges. “Tests” include a DMV vision screening, a knowledge test and a drive test. (18) “Uncontrollable” means the impairment persists despite efforts to control or compensate for the impairment by medication, therapy, surgery, or adaptive devices. “Uncontrollable” does not include an impairment for which treatment by medication, therapy, surgery or adaptive devices is currently under evaluation.